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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to prohibited governmental policies 2
regulating greenhouse gas emissions; creating s. 3
377.816, F.S.; providing legislative findings; 4
providing definitions; prohibiting governmental 5
entities from adopting certain net zero policies; 6
prohibiting governmental entities from using public 7
funds in any manner that supports, implements, or 8
advances certain net zero policies; prohibiting 9
governmental entities from imposing any charge to 10
advance certain net zero policies; requiring each 11
governmental entity to annually submit to the 12
Department of Revenue a certain affidavit; prohibiting 13
governmental entities from implementing, 14
administering, or enforcing certain programs; 15
providing construction; providing applicability; 16
amending ss. 125.01, 166.021, and 166.201, F.S.; 17
conforming provisions to changes made by the act; 18
providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 377.816, Florida Statutes, is created 23
to read: 24
377.816 Prohibiting the adoption or implementation of net 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
zero policies by governmental entities.— 26
(1) The Legislature finds that net zero policies, carbon 27
taxes and assessments, and emission trading programs are 28
detrimental to this state's energy security and economic 29
interests and inconsistent with the energy policy and the 30
environmental policy of this state. 31
(2) As used in this section: 32
(a) "Emission trading program," also known as a "cap-and-33
tax" or "cap-and-trade" program, means any program that 34
establishes a greenhouse gas emission limit for a particular 35
activity and provides for the allocation, auction, sale, or 36
transfer of emissions allowances or credits among pollutant 37
sources as a means of compliance with such limits. 38
(b) "Governmental entity" has the same meaning as in s. 39
215.985. 40
(c) "Greenhouse gas" means any of the following gases, or 41
a combination thereof: 42
1. Carbon dioxide. 43
2. Methane. 44
3. Nitrous oxide. 45
4. Hydrofluorocarbons. 46
5. Perfluorocarbons. 47
6. Sulphur hexafluoride. 48
7. Nitrogen trifluoride. 49
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) "Public funds" means all moneys under the jurisdiction 50
or control of a governmental entity. 51
(e) "Net zero policy" means any policy, program, or 52
initiative designed to achieve a balance between total amount of 53
greenhouse gas emitted into the atmosphere with an equal amount 54
removed from the atmosphere. 55
(3) A governmental entity may not enact or enforce, or 56
require any person or legal entity to enact or enforce, a 57
resolution, ordinance, rule, code, or policy to support a net 58
zero policy, including as a condition of any contract or 59
agreement between the governmental entity and a third party. 60
(4) A governmental entity may not use, pay, or distribute 61
public funds in any manner that supports, implements, or 62
advances a net zero policy by doing any of the following: 63
(a) Providing procurement or purchasing preferences for a 64
product or vendor on the basis that the procurement or purchase 65
of such product or from such vendor will advance or support a 66
net zero policy. 67
(b) Providing procurement or purchasing preferences for 68
any goods, including, but not limited to, vehicles, equipment, 69
appliances, or other products, based solely on the types or 70
sources of fuel used by, or used in the production of, such 71
goods. 72
(c) Using public funds to pay dues, membership fees, 73
subscription fees, or charitable contributions to any 74
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
nongovernmental agency or other private organization, including 75
any trade association or organization, that: 76
1. Adopts a net zero policy; 77
2. Requires adoption of, or any commitment to support, a 78
net zero policy as a condition of membership or of receiving any 79
benefit of membership; or 80
3. Uses such funds to advocate for a net zero policy. 81
(5)(a) A governmental entity may not impose any charge, 82
including a tax, fee, penalty, offset, or assessment, to advance 83
a net zero policy, including, but not limited to: 84
1. A charge based on the carbon content of a fuel. 85
2. A charge based on the emission of greenhouse gases that 86
results from the use, production, or consumption of any product, 87
service, or activity. 88
3. A charge assessed in connection with an emission 89
trading program. 90
(b) Each governmental entity shall annually submit to the 91
Department of Revenue an affidavit, signed under penalty of 92
perjury by an authorized official of the governmental entity, 93
attesting to compliance with this subsection. 94
(6) A governmental entity may not implement, administer, 95
or enforce any program or join any organization that has a 96
policy of: 97
(a) Establishing a statewide, regional, or geographic 98
limit or cap on the amount of greenhouse gas emissions that 99
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
results from the use, production, or consumption of any product 100
or from any activity. 101
(b) Requiring or incentivizing a governmental entity or 102
any person in this state to participate in an emissions trading 103
program. 104
(7) The restrictions of this section do not prevent: 105
(a) The board of a municipality or governmental entity 106
which owns or operates and directly controls an electric or 107
natural gas utility from passing rules, regulations, or policies 108
governing the utility. 109
(b) The Public Service Commission from exercising its 110
powers and duties to regulate public utilities in accordance 111
with applicable law. 112
(c) A governmental entity from otherwise exercising its 113
authority as provided by general law, including by implementing 114
energy policies consistent with the energy policies set forth in 115
s. 377.601 or implementing local and regional air and water 116
pollution control programs consistent with the environmental 117
policies set forth in s. 403.021. 118
(8) This section applies to any proposed action by a 119
governmental entity on or after July 1, 2026, that is not 120
otherwise permissible by general law. 121
Section 2. Paragraphs (g), (h), and (r) of subsection (1) 122
of section 125.01, Florida Statutes, are amended to read: 123
125.01 Powers and duties.— 124
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) The legislative and governing body of a county shall 125
have the power to carry on county government. To the extent not 126
inconsistent with general or special law, this power includes, 127
but is not restricted to, the power to: 128
(g) Prepare and enforce comprehensive plans for the 129
development of the county, to the extent such plans do not 130
contain the prohibitions in s. 377.816. 131
(h) Establish, coordinate, and enforce zoning and such 132
business regulations as are necessary for the protection of the 133
public, to the extent such zoning and business regulations do 134
not include the prohibitions in s. 377.816. 135
(r) Levy and collect taxes, both for county purposes and 136
for the providing of municipal services within any municipal 137
service taxing unit, and special assessments; borrow and expend 138
money; and issue bonds, revenue certificates, and other 139
obligations of indebtedness, excluding the prohibitions in s. 140
377.816, which power shall be exercised in such manner, and 141
subject to such limitations, as may be provided by general law. 142
A There shall be no referendum is not required for the levy by a 143
county of ad valorem taxes, both for county purposes and for the 144
providing of municipal services within any municipal service 145
taxing unit. 146
1. Notwithstanding any other provision of law, a county 147
may not levy special assessments on lands classified as 148
agricultural lands under s. 193.461 unless the revenue from such 149
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assessments has been pledged for debt service and is necessary 150
to meet obligations of bonds or certificates issued by the 151
county which remain outstanding on July 1, 2023, including 152
refundings thereof for debt service savings where the maturity 153
of the debt is not extended. For bonds or certificates issued 154
after July 1, 2023, special assessments securing such bonds may 155
not be levied on lands classified as agricultural under s. 156
193.461. 157
2. The provisions of Subparagraph 1. does do not apply to 158
residential structures and their curtilage. 159
Section 3. Subsection (2) of section 166.021, Florida 160
Statutes, is amended to read: 161
166.021 Powers.— 162
(2) "Municipal purpose" means any activity or power which 163
may be exercised by the state or its political subdivisions. The 164
term does not include any activity or power exercised relating 165
to the prohibitions in s. 377.816. 166
Section 4. Section 166.201, Florida Statutes, is amended 167
to read: 168
166.201 Taxes and charges.—Subject to the prohibitions in 169
s. 377.816, a municipality may raise, by taxation and licenses 170
authorized by the constitution or general law, or by user 171
charges or fees authorized by ordinance, amounts of money which 172
are necessary for the conduct of municipal government and may 173
enforce their receipt and collection in the manner prescribed by 174
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ordinance not inconsistent with law. 175
Section 5. This act shall take effect July 1, 2026. 176